Article 14 of the Bunreacht na hÉireann (Constitution of Ireland) of 1937 provided that the functions of Uachtarán na hÉireann (President of Ireland) during the vacancy will be exercised by the Coimisiún = Commission consisting of Príomh-Bhreiteamh = Chief Justice, Cathaoirleach Dháil Éireann = An Ceann Comhairle = Chairman of Dáil Éireann, and Cathaoirleach Sheanad Éireann = Chairman of Seanad Éireann.

However, Article 57, included in the Transitory Provisions, temporarily changed the composition of the Commission:

After the date of the coming into operation of this Constitution and pending the entry of the first President upon his office the powers and functions of the President under this Constitution shall be exercised by a Commission consisting of the following persons, namely, the Chief Justice, the President of the High Court, and the Chairman of Dáil Éireann.

The office of President of Ireland remained vacant in the period between the enactment of the Constitution (29 Dec 1937) and the day (25 Jun 1938) when the first President, Douglas Hyde, took the oath of office. In accordance with Article 57, the Commission was set up and included Timothy Sullivan (Príomh-Bhreiteamh = Chief Justice), Comor Maguire (Uachtarán na hArd-Chúirte = President of the High Court), and Francis Fahy (Cathaoirleach Dháil Éireann = An Ceann Comhairle = Chairman of Dáil Éireann).